Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1887-11-24
SPARKS RESIGNS.
The Land Commissioner Writes Letter %
the President Replying to Secretary
Lamar and ReSigning His Office.

ing letter defending his course in the C.,
| st. p, NJ. 4 o. railway land grant case,
! and formally resigned his office:
| TO tie President:
! The honorable Secretary Of the Interior adj
vises me by letter. dated the nth inst. in effect
that he should on that date present to you the
| alternative Of selecting new Secretary Of the
| Interior or q new Commissioner Of the General
Land office, in view Of which have felt called
| upon TO address you this letter.
| Under the authority vested in the Commits
sioner by the laws and in accordance with regu-
! laton and practice pursuant to law, by which
! action is first taken in the General Land office.
| in all matters relating to public lands. had,
| previous TO September, 1857 made adjustments
| Of certain railroad land grants, two of which,.
known as the Omaha cases, 1 had been
specially directed by the Secretary to report.
| On October Z. 1887, two decisions of the Secre-
! tary We're rendered in the Omaha cases, nom
! concurring in my adjustments and overruling-
! the authority on which they were based. He
| directed me at the same time to cause the
! grant to be adjusted in conformity with the de-
cisions. now infer from his published letter
that these decisions were not approved by the
official law adviser for the Department of the
Interior. The point ut issue related to the
claim OF railroad companies to indemnity for
lands that, under railroad granting acts, were.
reserved from the operation of those acts by ex-
| press terms Of the statutes.
Previous to 1872 lands that had been reserved
| by the Government for Indian and other pur-
poses, and which were excluded from the
grants and FROM the operation of the granting
| acts had been patented or certified to the COM
panics, both as granted lands and as indemnity,
| promiscuously with other lands. This seems to.
! have been done in pursuance of a practice
Of giving railroad companies whatever they
, asked for. apparently without much considera-
/ If Sfric AND imr fufjo of
! grants.
| 1t appears to me that the decision Of the Su-
preme Court in the Barney case was absolutely
| silent upon the question decided in the Omaha
cases, and that not even the obiter of the
court sustained these decisions. 1t also ap-
pears to me that the question at issue was no.
in the case decided by the circuit court for Wis
| consn and it seemed that the rule of statutory
Interpretation adopted in the Omaha cases was
! the opposite Of the rule of construction adopted
! by the courts and laid down by law writers. L
| was therefore profoundly convinced that the
| Secretary had zen committed TO errors of law
! which, if brought fully to his personal atten-
! ton, might be corrected.
| 1t is the practice of the department to per-
nit representatives of railroads and other pri-
waite interests to apply for reviews and recon-
siderations Of decisions when questions are de-
cided against such interests. Ibeleve that, as
the Office of the Government having Immediate
guardianship Of the public lands and immedi-
| ate charge of the issuance of patents under all
grants of land by Congress, had at least equal
| right with representatives of private interests
. to ask the Secretary OF the Interior to re-ex--
anime departmental decision. And believe
| il especially proper to express my views to the
| Seer, tary on these cases because / had not,
| but would have done SO, in the original in
stance, if had anticipated a change of ruling
| and decision upon the point in que-tion.
Accordingly 1 waited upon the Secretary
and personally expressed to him my desire to
have review Of the decisions in these cases.
| He suggested to me to let the matter rest for
the present. in which suggestion l of course
! cheerfully acQuiesced. The formal application
| for review, couched in most respectful terms,
was completed about October rs, but was not.
| put upon the official records and was not made
| public.
On November 10 received q note from the
! Secretary desiring me to present TO him what
| had to say upon this subject. My letter was
| accordingly signed and delivered to him on the
! 18th inst, with necessary change Of data and
! other corrections that had been made. copy
| of this letter is herewith inclosed for your in
| spection. and for your judgment both upon SUBJ
! stance of matter and upon official courtesy OF
| form and EXPIRE ssIon. Several important ques-
| tons ere decided in the Omaha cases other
than the one referred to herein, which justly
call for consideration upon the point of agree
ment with or contravention Of decisions OF the
Supreme Court of the United States, but con-
fined my application for review to the question
of indemnity for lands excluded from the OPP
GRAFTON Of the granting acts" that being OF
overshadowing importance.
In presenting this application informed the
! Secretary that it would not be made public I'M
less by himself Public attention having now
been called to the matter, l shall feel at liberty
to furnish the press with copy of this letter
after it has been communicated to you and d
copy transmitted to him,
1t is but just to say that the published COM
munication addressed TO me and laid before
you is no answer to my letter applying for
view. The issue raised by me was strictly one
of law. The presentation of the issue was
strictly in the line of legal argument In the
letter addressed to me that issue is not met
and the effect has been to create the errone
Gus impression that the issue one
OF authority alone, and that 1 had refused
to execute the Secretary's official orders.
The diversion of the issue from one OF legal
construction to one of authority and nsubordi-
nation, is the substitution OF force for argument,
diversion Of the public mind from the merits OF
the case, and, if not resisted by me in this
presentation to you would be the suppression by
that power Of a proper and considerate effort on
my part. as the Commissioner Of the General
Land Office, to secure, in the public interest,
an impartial hearing before the Secretary OF the
Interior a purely legal question affecting the
administration of the Office with which / am
charged.
The Office o; Commissioner Of the General
Land Office has been one of intense labor,
imposing q constant sense of high RESPONSE
bility. Having sought it ut your hands, have
continued to hold it only out of sense
of duty, with view of efecting some good to,
the public. 1 have endeavorcG to discharge my
full duty in it, in the face of many discourage
mcnts and much calumny and abuse from those
whose interests were to defeat the policies pur--
sued. have believed my line OF action to be
correct, and thought had reason for the belief
that it met your approval. II these decisions
foreshadow a change in official policy on this,
subject, knowing well wha. this will mean in
practical application coulG not, Of course, with
my sense Of duty, be the instrument to effect the
change.
Having ever, as now. regarded the commits
sion hold from you as subject to your recall
and desiring to relieve you of any possible en-
barrassment, herewith tender you my resigDa-
ton of the office OF Commissioner Of the Gen
eral Land ONCE, and ask its early acceptance
And in thus sev-ring my connection with your
administration, / beg to assure you of ray earn
est wish that the same wisdom, firmness and
integrity which has thus far so emnently
marked your administration may continue to-
enhance you in the estimation Of your country
men. Very respectfully.
ISigned] WILLIAM A. j. SPARKS.
A Succession of Accidents.
NEWPORT, Ark, Nov. 15-About four
O'clock a stock train, on the Iron Mountain
road, going north, and freight train,
going south, came together just below
here, demolishiug the stock and a number